Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Protection u/s 197 Cr.P.C. is available to public servant when an offence is said to have been committed `while acting or purporting to act in discharge of their official duty' and not when acts are performed using office as a mere cloak for unlawful gains, as such acts are not..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Complainant called for investigation - Complainant taken into custody and police officials brutally beat them at the police station when they were in lock up - Injuries caused by accused cannot be justified and cannot be said to have been inflicted while acting or purporting to act in discharge of..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - There has to be coherent nexus between the act complained and the duty of the public servant - Only those acts or omissions done by a public servant in discharge of its official duty having direct nexus with his official duty are protected which acts are done bona fidely - There has to be a reasonable..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - It is not every offence committed by a public servant that requires sanction for prosecution u/s 197 Cr.P.C. nor even every act done by him while he is actually engaged in the performance of his official duties but if act complained of is directly concerned with his official duties so..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(1) -- Sanction for prosecution - No information of commission of an offence under TADA Act would be recorded by police u/s 154 Cr.P.C without sanction of competent authority - However, this bar does not apply to a rukka or a communication sent by police official to District Superintendent of Police..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(1) -- Cognizance of offence - Bar u/s 20-A(1) of the Act, applies to information recorded u/s 154 Cr.P.C - This bar will not apply to a rukka or a communication sent by police official to District Superintendent of police seeking his sanction...........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 19 -- Discharge - Sanction for prosecution - Issue relating to invalidity of sanction for prosecution is to be raised during trial and not at the stage of considering discharge application...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Act done in performance of public duty - Even otherwise, complaint is lodged on the next date as a counter blast to proceedings initiated by petitioner for removal of encroachment on public land - Sanction u/s 197 Cr.P. a prerequisite for taking cognizance against petitioner...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Beating by police personnel, taking money of One lakh and not entering the same in recovery memo - Act not in discharge of official duty - Sanction for prosecution not required...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - In order to attract rigor of S.197 Cr.P.C, it is necessary that offence alleged against a Government Officer must have some nexus or/and relation with discharge of his official duties as a Government Officer - In the instant case alleged offences committed while not discharging official duties or..........
